1.
In circumstances where the Department’s Bureau of Labor Statistics
cannot produce leveled wages for a specific geographic area and
occupational code due to statistical limitations in the Occupational
Employment Statistics (OES) wage dat
a, the OFLC Online Wage Library
displays “N/A” for each wage level and the OFLC Nation
al Prevailing Wage
Center (NPWC
) assigns a standard default prevailing wage for these
occupations (e.g., $90 per hour or $187,
200
per year).
Since the NPWC
consistently
assigns the same default prevailing wage in these
circumstances, can the employer be permitted to enter on its own the
standard default prevailing wage and cite “OFLC Online Data Center” on
the LCA, ETA Form 9035/ 9035E?

Yes.
Where the OFLC Online Wage Li
brary displays “N/A” for each leveled
wage covering a specific geographic area and occupational code, the employer
is permitted, in lieu of obtaining a prevailing wage determination from the NPWC,
to enter the following information in Section G of the LCA,
ETA Form 9035/
9035E:

(*) form designation which indicates the field response is required
2
(§) form designation which indicates the field response is conditionally based on
a response provided in a required field
Posted July 31, 2015

Thursday, August 27, 2015

1 Percent of complete H-2A applications resolved 30 days before the start date of
need. A complete H-2A application is defined as one containing all the documentation
(e.g., housing inspection report, workers’ compensation, recruitment report) necessary for
the OFLC Certifying Officer to issue a final determin

Friday, August 21, 2015

From USCIS: USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return.

Twenty-two of the approximately 2,600 recipients failed to return their
work permits or certify good cause for not doing so by the deadline of
July 30, 2015. As a result, those 22 have been terminated from DACA.

The
recall only applied to SOME individuals who received a card after the
Feb. 16, 2015, court order. There are approximately 108,000 individuals
who have valid 3-year DACA work permits and do not need to return them.

If you were affected by the recall and returned your invalid 3-year work permit, use Case Status Online to verify whether USCIS received your work permit.

Wednesday, August 19, 2015

From USCIS: On August 2, 2015, Typhoon Soudelor
caused extensive damage in the Commonwealth of the Northern Mariana
Islands (CNMI). USCIS reminds customers affected by Typhoon Soudelor
that certain U.S. immigration benefits or relief may be available to
them. USCIS understands that a natural disaster can affect an
individual’s ability to maintain lawful immigration status or obtain
certain other immigration benefits.

A
change or extension of nonimmigrant status for an individual currently
in the United States, even when the request is filed after the
authorized period of admission has expired;

Extension or re-parole of individuals previously granted parole by USCIS;

Expedited adjudication of employment authorization applications; and

Assistance
to lawful permanent residents (LPR) stranded overseas without
immigration or travel documents, such as a Permanent Resident Card
(Green Card). USCIS and the Department of State will coordinate on these
matters when LPRs are stranded in a place that does not have a local
USCIS office.

USCIS may also exercise its discretion to allow for filing delays resulting from the typhoon. This may include, for example:

Assistance
to those who have not appeared for an interview or submitted required
forms of evidence. You may show how the typhoon prevented you from
appearing or submitting documents as required; or

Assistance to
those who have not been able to respond to a request for evidence (RFE)
or notice of intent to deny (NOID). USCIS will extend the deadline for
individuals to respond to RFEs or NOIDs by 30 days. This will apply to
all RFEs and NOIDs with a deadline of August 2 through September 2,
2015. During this time, USCIS will not issue denials based on
abandonment of an application or petition in the CNMI.

EB1: All
EB1 categories are current and should continue to
remain current for fiscal year. Demand continues to be around 1050 every month (per the latest pending inventory released few days ago).

EB2 ROW: This
category continues to remain current. Per the latest report, demand in
EB2ROW has increased significantly (11,000+ for year 2014 alone). However, since it can get spillover
from EB4/EB5 and EB1 categories, this category is expected to remain
current for FY 2016.

EB2 China: EB2 China had a large retrogression in this visa bulletin. It retrogressed by nearly 8 years in this visa bulletin after moving 2.5 months in the
last visa bulletin. It is likely to continue to
move forward in the next few months.

EB2 India: As
mentioned in earlier blog post, demand in EB2 ROW has increased
significantly. This directly impacts the amount of spillover visa
available to EB2 India category. Due to increase demand in EB2 ROW, the
total supply has decreased significantly in this category. Because of
this, this, DOS had to retrogress EB2 India by nearly 3 years.

In addition, there are applicants in EB2 who have not yet filed
their application as well as applicants who will be porting from EB3
India to EB2 India.

Monday, August 3, 2015

From USCIS: USCIS is seeking public comments on a
proposed rule that would expand eligibility for provisional waivers of
inadmissibility based on the accrual of unlawful presence. The proposed
rule would expand eligibility to all foreign nationals who are
statutorily eligible for an immigrant visa and for a waiver of
inadmissibility based on unlawful presence.

Read the notice of proposed rulemaking published in the Federal Register on July 22, 2015. The public has 60 days, until Sept. 21, 2015, to comment. To submit comments, follow the instructions in the notice.

The
changes, proposed in the interests of family unity and to enhance
customer service, would take effect on the date indicated in the final
rule when the final rule is published in the Federal Register.
Currently,
the Department of Homeland Security (DHS) allows certain immediate
relatives – specifically certain parents, spouses and children of U.S.
citizens -- who are in the United States to request a provisional
unlawful presence waiver before departing for consular processing of
their immigrant visas.

The waiver currently is only available to those
immediate relatives whose sole ground of inadmissibility would be
unlawful presence under section 212(a)(9)(B)(i) of the Immigration and
Nationality Act and who can demonstrate that the denial of the waiver
would result in extreme hardship to their U.S. citizen spouse or parent.

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